Is charging the entire jury in a jury trial appropriate as a matter of course because a few prospective jurors have made inflammatory remarks?
California, United States of America
The following excerpt is from People v. Enriquez, F065288, F065481, F065984 (Cal. App. 2015):
remedy is appropriate as a matter of course merely because a few prospective jurors have made inflammatory remarks.... [D]ischarging the entire venire is a remedy that should be reserved for the most serious occasions of demonstrated bias or prejudice, where interrogation and removal of the offending venirepersons would be insufficient protection for the defendant." (People v. Medina (1990) 51 Cal.3d 870, 889 (Medina).)
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